No. 4907 Act No. 1, 2012 Government Gazette 23 March 2012 39 INDUSTRIAL PROPERTY ACT, 2012 (b) the granting of voluntary licences to third parties by the owner of the patent under section 51; or (c) the granting of other compulsory licences under this section or section 56 or 57. (7) determine - The decision by the Tribunal granting the compulsory licence must (a) the scope and function of the licence; (b) the time limit within which the licensee must begin to exploit the patented invention; and (c) the amount of the adequate compensation to be paid to the owner of the patent and the conditions of payment. (8) When making a decision under subsection (7) the Tribunal must take the following considerations into account: (a) that the scope of the exploitation of the patented invention by the licensee must be limited to the purpose for which the licence was authorised; (b) that, after hearing both parties, the terms and conditions of the licence may be varied to the extent that changed circumstances justify such variation; and (c) that the compensation to be paid to the owner of the patent must be reasonable in the circumstances, taking into account the economic value of the licence. (9) A party who is aggrieved by the decision of the Tribunal made under this section, may appeal against the decision to the court. Compulsory licence based on interdependence of patents 56. (1) If the invention claimed in a patent (herein referred to as the “later patent”) cannot be exploited in Namibia without infringing a patent granted on the basis of an application having an earlier filing date or, where appropriate, priority date (herein referred to as the “earlier patent”), and provided that the invention claimed in the later patent involves an important technical advance of considerable economic significance in relation to the invention claimed in the earlier patent, the Tribunal may, on application made in the prescribed manner by the owner of the later patent, grant to the owner of the later patent a compulsory licence under the earlier patent to the extent necessary to avoid infringement of the earlier patent. (2) Where a compulsory licence is issued under subsection (1), the Tribunal must, on application in the prescribed manner by the owner of the earlier patent, grant to the owner of the earlier patent a compulsory licence on reasonable terms in respect of the later patent.

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